Hasidic Group Can Move Ahead On Equal Protection Challenge In Zoning Dispute

Mosdos Chofetz Chaim, Inc. v. Village of Wesley Hills, 2011 U.S. Dist. LEXIS 109649 (SD NY, Sept. 26, 2011), involves an amended complaint filed by an Orthodox Jewish group over attempts to prevent it from operating a religious education center in Ramapo, New York. In 2004, four villages and two Ramapo residents filed a lawsuit (the Chestnut Ridge action) challenging on environmental grounds Ramapo's zoning changes that were designed to accommodate the Orthodox and Hasidic communities. Plaintiffs sued claiming that the filing of the Chestnut Ridge action was in fact an attempt to use intimidation to prevent the spread of the Orthodox and Hasidic communities. In a 2010 decision, the court dismissed without prejudice, invoking the Noerr-Pennington doctrine. (See prior posting.) Now, reviewing plaintiffs'amended complaint, the court dismissed a number of claims but refused to dismiss plaintiffs' claim that they were targeted for unequal treatment because they are Hasidic Jews. Unlike the first complaint, plaintiffs now alleged sufficient facts, if proven, to show they were treated differently than others who were similarly situated.